Students shorter shifts to stay

Australia’s biggest union has failed to ensure school-aged casual workers do a minimum shift of three hours, in a decision that will be welcomed by the retail sector.

On Friday, the Federal Court rejected an appeal from the Shop, Distributive and Allied Employees Association that sought to overturn a ruling by the workplace tribunal that allowed students to work short shifts.

Judge Richard Tracey said that secondary school students had made pocket money for many years by working for an “hour or two after school on weekdays in shops and other retail outlets".

The new modern award covering retailers fixed a minimum shift of three hours for all casuals, but Fair Work Australia reconsidered the restriction after employers complained that the time between the end of the school day and the closing of shops was often less than three hours.

“I have concluded that FWA has not erred in the manner alleged and that no basis for interfering with its decision has been established," the judge said.

“It’s about time three years of litigation and uncertainty ended, for the independent umpire’s decision to be respected and for common sense to prevail over inflexible union attitudes," he said.

“The fact that it has taken nearly three years and five rounds of national litigation after the ‘modern awards’ were first made is not a good reflection on the inflexibility of the fair work system and the hoops industry has to go through to get harsh award rules changed.

“The fact that teenagers had to give evidence in tribunals and be cross-examined by union barristers just for the right to earn what the judge said was pocket money shows the power unions have to impose their view of the world on the fair work system," Mr Anderson said.

The Federal Opposition’s workplace spokesman,
Eric Abetz
said the ruling was a victory for common sense.

“This is a very welcome decision that will ensure that students will be able to have the dignity of work while studying," he said.